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OFFICE OF STATE ATTORNEY v. POLITES

Nos. 3D04-3147, 3D04-3060, 3D04-3059, 3D04-3207.

904 So.2d 527 (2005)

OFFICE OF the STATE ATTORNEY FOR the ELEVENTH JUDICIAL CIRCUIT, Petitioner, v. Edward POLITES, Derrick Nottage, and Willie Rice, Respondents. Office of the Public Defender, Petitioner, v. The State of Florida, Respondent.

District Court of Appeal of Florida, Third District.

Rehearing Denied June 22, 2005.

Attorney(s) appearing for the Case

Katherine Fernandez Rundle, Assistant State Attorney, and Penny H. Brill, Assistant State Attorney, and Fariba Komeily, Assistant State Attorney, for petitioner, Office of the State Attorney for The Eleventh Judicial Circuit.

Bennett H. Brummer, Public Defender, and John E. Morrison, Assistant Public Defender, for petitioner, Office of the Public Defender.

Bennett H. Brummer, Public Defender, and John E. Morrison, Assistant Public Defender, for respondent, Willie Rice.

Fox & Loquasto, Susan Fox, Tampa and Wendy Loquasto, Tallahassee, for respondent, The Eleventh Judicial Circuit of Florida.

Howard Babb, Jr., Public Defender, Fifth Judicial Circuit, for the Florida Public Defender Association, as Amicus Curiae.

Before GREEN, RAMIREZ, and WELLS, JJ.

RAMIREZ, J.

We have before us four Petitions for Writs of Certiorari seeking relief from orders directing the Office of the State Attorney or the Office of the Public Defender to pay for mental health examinations that they had not requested. We grant the Petitions because the orders under review depart from the essential requirements of law, and hold that the court, by ordering these examinations, is the entity responsible to pay for the costs of the experts.

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